An Ohio man is facing felony charges for shooting and killing the home-invasion suspect who tried to break into his house.
David Hillis could face up to 11 years in prison for defending his home from armed burglars Terry Tart and Marcus Glover. Tart — who has done prison time for home invasion robbery — and Glover broke into Hillis’ home in Akron at 2 p.m. on August 7. They encountered Hillis, who allegedly chased them outside with a gun and shot Glover, who died.
The Akron County prosecutor is charging both Hillis and Tart in Glover’s death: Hillis for pulling the trigger and Tart for apparently masterminding the botched crime that led to the shooting, The Northeast Ohio Media Group reported. Hillis was charged with voluntary manslaughter, a felony, because he shot Glover outside. Had Hillis shot Glover in the house it apparently would have been legal.
“Self-defense is an affirmative defense but people have a duty to retreat when they’re outside the home,” Akron’s deputy chief prosecutor, Craig Morgan, said. “The only place they don’t have a duty to retreat is inside the home.”
Duty to retreat is a traditional doctrine in common law that gives a person a right to use force against an attacker but not to pursue or assault a suspect who runs away. Under it, the assumption is that shooting a criminal who is running or backing away is not self-defense.
11 Years For Defending Property?
Under Ohio state law, a person can only use lethal force in self-defense if he or she is in immediate danger — for example, if a criminal is inside a home or coming at a person. If a suspect is running away or leaving, it is not legal to shoot at that person.
Voluntary manslaughter in Ohio is punishable by three to 11 years in prison.
Tart served nine years in Ohio state prison for two armed robberies he committed in 2005, Cleveland.com reported. Tart also had a history of committing home invasion robberies. In 2006, he broke into an apartment and hit two people with his shotgun while stealing cash and jewelry.
Meanwhile, a Des Moines, Iowa, man was charged in late September for a misdemeanor after he fired into the dark areas of his backyard, where he believed a burglar was hiding, The Des Moines Register reported.
His wife had woken him up saying she heard noises outside. He yelled to the figure in his backyard that he was “legal.” The person then fled and the man fired shots. Police were called to the scene when a neighbor heard shots fired.
The man was charged for firing a gun in city limits. His gun was confiscated, as was his carry permit.
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